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NICHOLS v. ST. PAUL FIRE AND MARINE INSURANCE CO.

No. 713DC441.

182 S.E.2d 585 (1971)

12 N.C. App. 116

J. B. NICHOLS v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY.

Court of Appeals of North Carolina.

August 4, 1971.

Attorney(s) appearing for the Case

Milton C. Williamson and M. E. Cavendish, Greenville, for plaintiff appellee.

John H. Anderson, Smith, Anderson, Dorsett, Blount & Ragsdale, Raleigh, for defendant appellant.

BRITT, Judge.

Defendant first contends that plaintiff is not entitled to maintain this action for the reason that he did not file proof or notice of loss with defendant as required by the insurance policy. We do not agree with this contention.

The policy provides:

"The insured shall give immediate written notice to this Company of any loss * * * and within sixty days after the loss, unless such time be extended in writing by this Company, the insured...

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